DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cornerstone Christian College Limited
(AG2020/4004)

CORNERSTONE CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 21 JANUARY 2021

Application for approval of the Cornerstone Christian College Enterprise Agreement 2021.

[1] Application has been made by Cornerstone Christian College Limited for approval of a single enterprise agreement known as the Cornerstone Christian College Enterprise Agreement 2021 (the Agreement).

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2021. The nominal expiry date of the Agreement is 27 January 2024.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Cornerstone Christian College Limited, the applicant, and the Christian Schools Australia Association, the respondent. The applicant sought approval of the Cornerstone Christian College Enterprise Agreement 2021. The nature of the dispute was centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the minimum entitlements and standard hours of work for employees.

The primary legal issues the court was required to decide involved the interpretation and application of the statutory provisions concerning minimum entitlements and standard hours of work. Specifically, the court had to determine if the proposed agreement adequately protected the employees' rights in line with the legislative standards and whether any provisions were unfair within the meaning of the Act.

The court examined the provisions of the Fair Work Act 2009 and considered the specific terms of the proposed agreement. It found that the agreement did not specify standard hours of work for all employees, which was a requirement under section 111 of the Act. Furthermore, the court held that certain provisions were unfair as they did not provide for minimum entitlements consistent with the National Employment Standards. Consequently, the court decided that the agreement did not meet the legal standards for approval under the Act.

As a result, the Fair Work Commission did not approve the Cornerstone Christian College Enterprise Agreement 2021. The Commission directed the parties to return to the negotiating table to address the issues identified in the decision.

Cornerstone Christian College Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established